Conner: The Government Must Come to Sentencing with Evidence

On 13 August 2008, in Fifth Circuit, by Peter Smythe

In our firm’s recent cases, the Govern­ment has sought to have our clients sti­pu­late to cer­tain sentencing-​enhancing facts and Gui­de­line appli­ca­tions in an effort to do away with con­tes­ted issues at sen­ten­cing. The recent case of Uni­ted Sta­tes v. Con­ner demons­tra­tes why such pre-​sentencing sti­pu­la­tions can be big mis­ta­kes. Eric Con­ner got caught up into a […]

Heightened Standards for Civil Forfeiture

On 10 August 2008, in Forfeiture, by Peter Smythe

In a recent case, Uni­ted Sta­tes v. $92,203.00, the Fifth Cir­cuit Court of Appeals held that the Govern­ment is held to a higher evi­den­tiary stan­dard, post-​CAFRA, in for­fei­ture actions. Texas Depart­ment of Public Safety patrol offi­cers stop­ped Roberto Gar­cia for spee­ding. A sub­se­quent con­sen­sual search yiel­ded $92,203.00 in con­cea­led cash. Gar­cia told the offi­cers that he inten­ded to […]

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